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Marine Corps defends treatment of troops in brig
By: MARK WALKER and DAVID STERRETT - Staff Writers | ∞
CAMP PENDLETON ---- The Marine Corps on Thursday defended the treatment of seven Marines and a Navy corpsman being held in the base brig as investigators probe the alleged killing of an Iraqi civilian on April 26.
The men from the Camp Pendleton's 3rd Battalion, 5th Marine Regiment's Kilo Company are being investigated by the Naval Criminal Investigative Service for the alleged kidnapping and slaying of 52-year-old Hashim Ibrahim Awad al-Zobaie.
Family members of the servicemen have told the media that they are being held in solitary confinement.
A base spokesman disputed that characterization Thursday, saying none of the eight are in solitary confinement.
In a written statement, the Marine Corps said each is considered a "maximum restraint" inmate kept alone in an 8-by-9 cell furnished with a bed, mattress, toilet, sink, desk and storage locker.
Each cell has a window allowing for plenty of sunshine, and the troops are allowed one hour a day in the recreation yard, according to the statement issued by Maj. Jeff Nyhart.
But attorneys and family members for the men complained Thursday that hand and leg cuffs used when they are outside their cells are excessive and that other conditions of their confinement are unwarranted.
The father of Pfc. John Jodka III of Encinitas said he has visited his 20-year-old son three times and considers his son in solitary confinement.
"I don't know Webster's definition for solitary confinement, but this seems pretty close to the mark," said his father, John Jodka Jr.
He said the men must eat in their cell and have to yell down a hallway to communicate with fellow inmates. The men can make phone calls, but the receiver has to be handed to them through the door, Jodka said.
While none have been charged, the troops have been held behind bars for more than three weeks. Each has appeared before a base officer acting as a magistrate who concurred with the decision to keep them in custody. Four other Marines from the squad are considered material witnesses and are restricted to base.
Nyhart said it remains unclear when the investigation of the incident will be completed and when Pentagon brass will decide whether any charges should be lodged.
In its statement, the Marine Corps said hand and leg cuffs are appropriate and that it is following Defense Department and Navy regulations. The men were detained in Iraq on May 10 and have been behind bars since May 25, one day after arriving back at Camp Pendleton.
"Restriction as in other forms of restraint is a prudent measure that all law enforcement agencies use in order to ensure those accused of serious misconduct are not allowed to flee or take actions which could endanger law enforcement personnel or hurt themselves while initial allegations are investigated," the statement said.
Jane Siegel, one of the attorneys representing Jodka, said the Marine Corps has made small strides to better the conditions. When she met with Jodka earlier this week, a guard released one of Jodka's hands from the shackles so he could write, Siegel said.
"That was some improvement," she said.
San Diego attorney Jeremiah Sullivan III, who is representing a 20-year-old Navy corpsman, said he is trying to get the Marine Corps to remove the shackles from the men when they leave their cells.
"My client looks like Hannibal Lecter with all of the shackles," Sullivan said Thursday before the military released the statement, referring to a fictional, cannibalistic character in the movie "Silence of the Lambs."
Attorney Thomas Watt of Vista, who said he represents one of the men in custody, disputed the Marine Corps statement that also said the troops are allowed to speak with other inmates in their area of the brig.
"They can maybe talk to the individual next door, but they are not allowed to carry on conversations," said Watt, a retired Marine lieutenant colonel. "They haven't talked to another military soul on a friendly basis since being arrested."
He also objected to the troops being held in maximum custody conditions, calling the extra precautions "ridiculous." He said they should be allowed to move around without shackles when out of their cells and to eat with other inmates.
The statement from Camp Pendleton said the men have access to reading material, music and TV, and can visit a convenience store in the brig. They are supplied with the same meals given other inmates, but must eat in their cells.
The Hamdania case is separate from allegations that up to a dozen Marines from Camp Pendleton's 3rd Battalion, 1st Marine Regiment were involved in the killing of 24 unarmed civilians in the Iraqi city of Haditha last Nov. 19.
No Marines involved in that case have been charged, and none are in custody.
Marine spokesman Nyhart said it remains unclear when the investigations of the two incidents will be completed and when Pentagon brass will decide whether any charges should be lodged.
A preliminary report into whether Marine commanders in Iraq attempted to cover up the Haditha incident was completed nearly two weeks ago and forwarded to Lt. Gen. Peter Chiarelli, the multi-forces commander in Iraq, the military said.
A spokesman for Chiarelli has said the general wants to make sure there were no loose ends before releasing its contents.
In Washington, the House and Senate Armed Services committees are awaiting preliminary reports of the investigations before scheduling hearings into how the military handled the cases.
Josh Holly, spokesman for the House Armed Services Committee chaired by U.S. Rep. Duncan Hunter, R-El Cajon, said Thursday that those hearings may not take place until after Congress reconvenes from its Fourth of July recess.
There is still an outside chance that the hearings, which will be conducted by each branch of Congress over consecutive days, could take place this month but that now looks doubtful, Holly said.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Contact staff writer David Sterrett at (760) 740-3516 or dsterrett@nctimes.com.
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Brian wrote on Jun 16, 2006 12:33 AM:Oh, waaaaaaaaah, you kill an innocent man and now you have to eat alone. These guys should be at Guantanamo...
lachey wrote on Jun 16, 2006 4:12 AM:Arresting US troops on the fabrications of the enemy...unbelieveable!!!! I give this country 50 years until total extinction...
Dubious wrote on Jun 16, 2006 5:07 AM:Hmmmm...."maximum restraint" sounds like something coined by a politically savvy Marine Corps officer who wears scrambled eggs on his hat. What a travesty! How many of the al-Qaeda terrorists at GITMO are treated in the same manner as the innocent until proven guilty Marines are? Are all the terrorists at GITMO under the same conditions as the Camp Pendleton 8? I wouldn't be surprised if large numbers of the GITMO terrorists are watching TV and playing ping pong while also being given their Korans. Do the Camp Pendleton 8 get to keep Bibles? Do the brig guards handle these Bibles with care and with gloved hands? The questions just keep coming...
Let them go: wrote on Jun 16, 2006 6:29 AM:Maybe they did what they did. So what? It's WAR. Put the suits in jail.
A waste of breath by those who wuold lock down heroes wrote on Jun 16, 2006 7:20 AM:If yuo have ever seen these cells you would kkow they are not fun. Beside, they could be staying in the barrcks. It doesn't matter they did their job and the Marines are going to scare a written confession out of them and these guys will hang! For kiling in a war.
The General wrote on Jun 16, 2006 7:26 AM:Outrageous that our Marines should be treated/shackled and caged, like COMMON ANIMALS! Imagine if these were YOUR loved ones who fought in HELL because El Presidente Jorge Booooooooosh ordered them to do so and now will not stand up for them. Pox on the High Command for such dispicable treatment. General Patton, a man w/stones and compassion for troops, would never allow this happen. But then again, today, we have far too much patten leather and not enough General Patton. Don't you agree? Please join us tomorrow, SATURDAY, from 10-4, at the south gate of Camp Pendlton in our support rally called DEFEND THE DEFENDERS! Bring flags, signs, etc. This will be HUGE. We cannot allow this mistreatment to continue so that a handful Brass can score political points. Let it fly tomorrow at Pendleton. Take I-5 to Camp Pendleton exit and proceed to gate, park nr elementary school. Tell friends.
lena wrote on Jun 16, 2006 7:37 AM:Marine Corps, semper fidelis right? Where does it apply to these marines and corpsman? There was a time the title "U.S. MARINE" meant something, when America would protect their own not persecute them for a job they were given. Let them go...
me wrote on Jun 16, 2006 7:38 AM:"let them go" is 100% right on. It's war. These people don't want us there we are in hostile condidtion. Let these guys do the job they are trained for.
JA wrote on Jun 16, 2006 7:39 AM:You're right put the suits and scrambled eggs guys in jail.The little guy always gets the shaft!!
Phil wrote on Jun 16, 2006 7:42 AM:The brigs run by the Corps are historically over reactive.
April wrote on Jun 16, 2006 7:44 AM:These 8 War Soldiers, who have defended the Iraqi people, are trying to show them democracy, their giving their lives to protect "innocent" people, wait these innocent Iraqi's shoot at our soldiers use RPG's, set IED'S and then go and hide in homes. What are our soldiers suppose to do, KNOCK and Say "Did the guy who just did that in here?" Come on! In the heat of battle with their weapons drawn they have to do what they have to do to PROTECT the truely innocent Iraqi and their own Men. War is not a board game it is real and tragic events happen. But to even think these 8 kidnapped and shot an "innocent" man, I beg to differ. What these men have seen and what they have endure while serving in Iraqi I hold the utmost Respect!! and I believe these 8 who have a strong code of ethics, are here to protect our country and to protect which ever country they are called upon. It's a DISGRACE, these HEROS need to be released immediatly and heavily compensated and let them do their job, by being the True Men that they are!
Nick wrote on Jun 16, 2006 8:08 AM:As usual, our boys have already been tried and convicted in the media court of public opinion. It's high time we get the media out of the war, they have done far more harm than good since this war has started. When was the last time you read anything good about what our troops are doing over there ? I guess since the news hasn't reported it, there must not be anything positive. We all know how unbiased and honest the news agencies are right ? I am willing to bet that Brian has never served his Country. Why don't you join up and head to Iraq Brian, then you can give us your up close and personal account of what is really going on over there. Keep the faith Marines. We are all behind you. Semper Fi.
Warner wrote on Jun 16, 2006 8:11 AM: The UNIFORM MILITARY CODE OF JUSTICE (UMCJ) mirrors the laws of our nation. Because, you see, citizens of the USA are being dealt with and when they are being held for committing a crime their Constitutionally protected rights can not be denied them. The "UMCJ - 809. ART. 9. (d) No person may be ordered into arrest or confinement except for probable cause." The way I see it, if a person is arrested and placed in confinement, probable cause must brought forward within a specified amount of time, or the person being held must be released. It seems to me that there is something going on that is not being released to the public or the defence lawyers. To this novices way of thinking everybody in the case should open up and tell the whole truth. Reasons for young men and women to NOT ENLIST are laid out here! A Public Relations Officer needs to come forward with the detailed truth, withholding nothing.
Robert wrote on Jun 16, 2006 8:33 AM:FREE THE PENDELTON EIGHT! Give them the rights they are fighting for, presumption of innocence before trial!
An American Citizen in disbelief wrote on Jun 16, 2006 9:06 AM:These Marines must be presumed innocent until proven guilty. An thourough investigation must be done and if these Marines are found to be guilty of murdering unarmed civilians then they must be given the punishment they deserve. It does not matter if we are in a war there is a code of conduct that must be followed. We can not allow for this type of behavior from anyone. Our Military,and Law Enforcement MUST be above reproach. It is unfortunate if the stress of war caused this incident to occur however that is not a valid defense for murder. I believe these Marines are innocent but if the investigation proves otherwise I will stand by the government to impose the correct disciplinary action and sentence. I saw a sign at one of the protests that said "Killing the enemy is not murder". It is murder if the the people you kill are not the enemy. This is an tragedy and if we look the other way it will be a travesty. I will reserve my judgement on this matter until all the facts are reported.
Larry wrote on Jun 16, 2006 9:06 AM:Way to go Nick, Could not have said it better my self.
GET OUT OF IRAQ NOW wrote on Jun 16, 2006 9:09 AM:GET OUT OF IRAQ NOW!!!!!! The enemy is Osama Bin Laden! Why are we even discussing this matter. If the Camp Pendleton 8 truly murdered these people then they will have to pay the price for their crime. How awful that the real criminal in this matter sits safely in the White House. This war is unnecessary and just plain ridiculous. Get our boys out of there!!
James wrote on Jun 16, 2006 9:20 AM:Typical Marine over reaction. These Marines have not been convicted of anythying yet they are being treated like serial killers. I have seen the conditions in what the brig calls "special quarters" you can all rest assured that these supposed "innocent until proven guilty" Marines are being treated like condemned men already. The mind set of the people that run the brig is "you are here you must be guilty".
Response to An American Citizen in disbelief wrote on Jun 16, 2006 9:38 AM:The facts won't be reported. They aregoing through the motoins. These Marine are done for. If they can't find what they want, they will nickel dome them until they get something! They will be put on display for the purposes of the president!
NCIS what a joke wrote on Jun 16, 2006 10:31 AM:Last year the Brass was so sure a young Marine Lt gunned down a couple Iraqi "civilians" that they were getting the firing squad together. Unfortunately he was in the financial position to be able to hire a competent civilian defence and the whole case fell apart, NOT GUILTY. I also remember a few years back when a gun on a battleship exploded. NCSI came to the conclusion that it was not the fault of navy brass for skimping on maintenance and training. It was "drum roll please", gay sailors!!! That case also seemed to just quietly fall apart. As for the ludicrous statement these Marines pose a flight risk, where in the heck would they be able to flee to. The whole thing is absurd.
Nick wrote on Jun 16, 2006 10:43 AM:This issue really has me riled up. An American Citizen in disbelief compares our Military to Law Enforcement. This couldn't be farther from the truth, and is an apples and oranges comparison too many Americans are making. Our soldiers are trained to neutralize any and all threats with overwhelming firepower, PERIOD! They are not a SWAT team in a hostage situation. Civilian casualties are a truly unfortunate part of war. If you hide in a mosque and shoot at our troops, your mosque will be destroyed. Sadly, our government has modified their rules of engagement concerning this issue, so as not to offend any peace loving Muslims. If you wish to hide behind innocent women and children and shoot at our troops, their bloodshed rests solely on the shoulders of those terrorists, NOT ON OUR SOLDIERS.
Peggy wrote on Jun 16, 2006 11:05 AM:For God's sake, let them go! They are doing their job...for us. We need to stand by them.
Double Dubious wrote on Jun 16, 2006 12:25 PM:Without a doubt, the al-Qaeda terrorists at GITMO are watching their satellite TV as ABC-CBS-CNN news reports smear these Marines. We might as well televise Aljazeera directly into their climate controlled GITMO cells! As the terrorists watch this anti-American propaganda all from the comfort of their air conditioned cells they also dine on such tasty dishes as baked tandori chicken and parsley buttered potatos. Here is a bonafide quote from one GITMO detainee: "The food is good, the bedrooms are clean and the health care is very good. There is a library full of Islamic books, science books, and literature. Sports, reading, and praying, all of these options are not mandatory for everyone, it is up to the person." Check out the quote for yourself at www.gitmocookbook.com. There is something definitely wrong when we treat the Islamofascist psychopaths like Kennedy trust fund brats while our innocent until proven guilty American Marines are treated like Hannibal Lectre. These Islamofascist thugs are surely laughing knowing that we are so weak as to treat OUR military in such a fashion while they live a life of leisure. Did you watch the O'Reilly Factor's interview with the US military interrogators at GITMO? The interrogators stated that they NEVER raised their voices or threatened the GITMO al-Qaeda detainees. Yet you can rest assured that the NCIS has been going "Andy Sipowicz" all over on these eight servicemen locked-up at Camp Pendleton. What pure HYPOCRISY on the part of the US military. I love the Armed Forces...I am a Navy veteran, but I also know that the military will eat its own just to please the gods of political correctness in the media and in D.C. This is just stinking pathetic!
NORM wrote on Jun 16, 2006 12:26 PM:GEE TOO BAD ITS A WAR
Clifford wrote on Jun 16, 2006 1:13 PM:Absolutely despicable to treat these Marines, and Corpsman, in this way. Where is the ACLU and other libertarian bleeding hearts now? I lost faith in much of the leadership of this country quite some time ago, but I thought the Marine Corps was one of the last bastions of leadership credibility remaining. Guess not. I think it's high time we 'hung' some Generals instead of giving them more and more stars.
DL wrote on Jun 16, 2006 1:22 PM:Bush, "Sir, Commader in Chief," with your mission in Iraq, you've got your troops backed against a wall. Though that is so, Your loyatly, Sir, seems to run toward your illusionary "Moderate Muslim allies," instead of with your troops. Can't stand by in silence on that, Sir--They are our sons and our daughters. Your willing blindness to the orders all Muslims have from Allah--which include deceiving and working all enemies or potential enemies of Islam (all, non-Muslims or all not subgugated to Muslims)--is disgusting, if not treachery. Sir, if you send your troops into a dirty war then you better get yourself out of the closet and on some frontline somewhere, defending them. Stand up to the PM of Iraq when he places his allegiance with those killing and maiming our troops. Stand up to those in Qatar that are supporting the Palestinians, who are supporting the resistance in Iraq. If you lack the fortitude to do that, Sir, we need to find someone who suffers no such lack.
To Nick wrote on Jun 16, 2006 2:26 PM:I did not COMPARE the Military to Law Enforcement. I said the Military and our Law enforcement must be above reproach. No comparison was made. So you can get as "riled up" as you wish. I made a statement which is still true.
Ron wrote on Jun 16, 2006 3:13 PM:It is interesting, that we have people in this country complaining about our treatment of terrorists in Guantanamo, while these Marines are assumed guilty, because their Marines. While I was in the Army, many years ago, I also ran into these kind of people. People who believe your some kind of dumb ass for joining, they feel superior to you, trying to belittle your service. This attitude never goes away, for those who own it, never truely understand sacrifice. Sacrifice of self, sacrifice to country, sacrifice for the freedom of those who despise you, to say these ridiciulous things. These Marines are innocent until proven guilty. If you'd like the same, please act like it, even if you don't like the war.
Conrad wrote on Jun 16, 2006 3:53 PM:Why hasn't the press alerted the entire country about this terribly inhumane travesty of so called justice? Why haven't the parents and relatives of the defendants contacted their congressmen. In the past the military mentality is lock them, consider them guilty, and we will court marshall them in due time.Change is long over due. Meanwhile the defendants wither away in solitary confinement. Write to your Senators, Congressmen, as I have, lets get this story told in it's entirety.
Proud Father wrote on Jun 16, 2006 3:59 PM:Brian- As the father of one of the Marines held, I can tell you have no idea of what's really going on with this case. You should really try to educate yourself before making ignorant statements. And my son would appreciate have the liberties afforded the Gitmo detainees. Proud father of PFC John J.
Nick wrote on Jun 16, 2006 4:18 PM:Now let me get this straight American Citizen: "If you kill someone who is not the enemy that is murder", those are your words. So when the enemy hides behind innocents and shoots at you, you would prefer our Marines to not shoot back ? For someone who says they believe our boys are innocent, you seem all to willing to hand out the punishment.
john wrote on Jun 16, 2006 4:35 PM:Brian, you're right, these guys should be at Guantanamo! They'd have specially cooked meals that were " Culturally sensitive", (I wonder if the Marines of Jewish descent were asked if they wanted Kosher, or the Hispanic boys were consulted about their preferences)instead of the MRE's they are used to. At Guantanamo, they would be allowed Korans, and be allowed to pray 5 times a day. I wonder, how many of the boys in the brig were asked if they wanted Bibles or allowed time out for prayers? If they were in Gitmo, they'd have lawyers and the Red Cross falling all over themselves making sure they were being treated Humanely and ensuring their civil rights had been protected. Brian, why don't you call and ask the San Diego County Red Cross chapter if even one person has paid those boys a visit? Lastly Brian, Please let us know if you have ever served your country or any cause for that matter, or if you're just another weasel who wants to pont the finger of blame at others because it makes you feel superior, because Brian you aren't!
Harry wrote on Jun 16, 2006 4:56 PM:I don't have a definate oppinion about the illegal immigration problem and how it should be addressed. I can see validity in some of the arguements on both sides. I do notice an increasing hostility and disrespect in the anti illegal alien comments and many assumptions that any person who appears Latino must be here illegally. It seems that it is bringing out the worst in people who cling to the accident of their birthplace as their primary lifelong accomplishment. Their arguements are getting shriller and less and less cogent and sound more and more like the racists I met in Alabama back in the 60's. We don't need a Mississipi Burning mentality here in Vista.
Marine commandant regains a morsel of sanity wrote on Jun 16, 2006 4:58 PM:Shackles and leg irons have been removed. It is obvious their use served no purpose but to signal to any possible jury members that the Marine corps has determined these men are guilty. They are being held in the middle of a military base that last time I drove through it is about 28 miles across. Just were do they think these guys are going to run to? The DOD seems to be on a wispering campaign to the press, yet no charges have been filed. I thought this was a slam dunk, you know like WMD's in Iraq
Greg (Australia) wrote on Jun 16, 2006 7:17 PM:a denial of natural justice? Give them all the support they need, now and in the future.....
Peter wrote on Jun 16, 2006 8:30 PM:To Proud Father - Having served three years in combat I'm ashamed what the Marine Corps is doing to your son and others... I would like to sit in judgement for the person(s) who made this decision because I have a place I'd like to put them, and it's not Gitmo!
Retired Vietnam Navy Corpsman wrote on Jun 16, 2006 9:33 PM:1. Release these men. WAR HASN'T CHANGED JUST THE POLITICAL THOUGHT PROCESSES OF GREED. 2. I don't see IRAQ putting the insurgents ( for all we know all of them are insurgents )in JAIL for killing our service men and women. 3. Stop the "Rules of Engagement" the insurgents don't play by "THE RULES." 4. When one of us (AMERICAN ARMED FORCES MAN OR WOMAN)IS HELD IN CONFINEMENT BY OUR GOVENRMENT UNJUSTLY....WE CAN BE ASSURED WE WILL BE TOO...SOONER OR LATER. 5. AMERICA HASN'T AWAKENED ... WAKE UP!!
grunt 1 wrote on Jun 17, 2006 11:10 AM:Pre-Trial detention without formal charges is unexceptable and repugnant to the US Constitution. The 8th Amendment to the US Constitution prohibits such actions. It will now be common for every "innocent Iraqi civilian" to cry that they were abused by the "Marines" and get face time on the world press. Congressman are lining up to take a shot at these Marines---even the Pres. himself states "if they are guilty, they will be harshly punished". Maybe our reaction should be to lock-up the entire Company or Bn of Marines to keep our new Iraqi friends, and the "Cut and Run" Congressman appeased? This will be the new way for the "insurgents/innocent Iraqi civilians" to take out our Marines.
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